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25.
Facts found: Daymare
(windward) and Naval Non-Entity
(leeward) were beating on port tack as shown on the left. They were on a
collision course with Zebra Muscles who
was approaching on starboard tack. Daymare
asked Naval Non-Entity for room to pass astern of Zebra Muscles but Naval
Non-Entity requested that Daymare
tack instead.
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Daymare refused to do so and squeezed in astern of Zebra Muscles and collided with Naval Non-Entity as
shown in the diagram on the left. Both lodged valid
protests.
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Decision: Since Daymare and Naval
Non-Entity were both required to keep
clear of the starboard boat, Zebra
Muscles, the latter ranked as an obstruction
to both of them. Since they were "about to pass this obstruction",
rule 18 (Passing Marks and Obstructions) applied.
Since both Daymare and Naval Non-Entity were close-hauled, rule 19 (Room to Tack at an Obstruction) was also a
possibility.
Rule 19 states: "When
rule 19.1 applies, rule 18 does not." However, since Naval Non-Entity
did not choose to call for room to tack,
rule 19.1 did not apply. Telling Daymare to tack but then not tacking herself is
not an option under rule 19. In any case, if Naval Non-Entity wants "room to tack"
to keep clear of Zebra Muscles, she needs
to hail in plenty of time to give the windward boat (Daymare)
ample time to respond. Plenty of time also needs to include time for a second
hail, if the first gets no reaction. Thus Naval
Non-Entity has let her "window of opportunity" go by even as
she reaches her position in the top diagram.
Therefore rule 18 applies. Under rule 18.2(a), Naval Non-Entity
was required to give Daymare room to pass the obstruction,
Zebra Muscles. She did not do so and is
therefore disqualified.
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Case #25A
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